The listing was nothing like the photos. The host cancelled at the last minute. The place was filthy, unsafe, or missing key amenities. You opened a dispute through the platform and got partial credit, a polite refusal, or silence.
The legal context
Short-stay accommodation supplied to an Australian consumer by an Australian host is a service under the Australian Consumer Law (ACL). Section 18 prohibits misleading representations in the listing. Section 60 requires due care and skill. Section 61 requires fitness for purpose. The platform’s internal dispute outcome does not extinguish your statutory rights.
Common pushbacks and why they fail
- “Resolved through Airbnb’s resolution centre.” Platform processes are commercial, not legal; ACL rights survive them.
- “Photos were illustrative.” Misleading representations breach section 18 regardless of disclaimers.
- “You should have left earlier.” Mitigating loss is wise but not a precondition to a claim.
- “The host’s terms exclude refunds.” Host terms cannot override the ACL.
The Letter of Demand approach
The letter goes to the host directly (and can be cc’d to the platform). It identifies the booking, the misrepresentations or failures, the ACL sections engaged, the refund amount, and a 14-day deadline. It flags state Fair Trading and the relevant tribunal as the escalation path.
What Claim Done delivers
- Listing details, booking reference, dates and amount paid
- Specific failures with reference to advertised features
- Citation of ACL sections 18, 60 and 61
- Refund amount and 14-day deadline
- Sent to host (and platform if requested) for a flat $79
What to expect after
Hosts who depend on the platform for income often refund quickly once a formal letter is on the record. If not, escalate to your state Fair Trading body and file a small claim in NCAT, VCAT, QCAT or your state’s equivalent. Where the property is run as a business, registered short-stay regulations may apply additional pressure points.